Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • MalTom
    • By MalTom 10th Jan 18, 7:26 PM
    • 6Posts
    • 0Thanks
    MalTom
    Executor ignoring request for information
    • #1
    • 10th Jan 18, 7:26 PM
    Executor ignoring request for information 10th Jan 18 at 7:26 PM
    My Mum passed away in October, in her will she appointed her 3 children equal shares of her estate and made us all executors and trustees. The brother is insisting on having a survey on her property to ascertain the saleability of the house - built in the early 70's and bought by our parents. Currently rented out.

    The family has, over the last 2-3 years completely broken down resulting in me taking them to the court of protection due to extremely bad decisions being made regarding Mums care and the costs. Unfortunately 3 of us had POA for Health and Finance and my younger siblings played the 2 against one game so I was pushed over on numerous decisions resulting in Mums bank accounts being cleared out.

    Now My brother is ignoring my requests for information regarding the bank accounts - he closed the existing ones and opened others but wont give me the details so I do not know the current status of the accounts. He hasn't as yet informed the tenant that Mum has passed away and wont make an appointment with a solicitor to start probate until I agree to his plan to refurbish the house before selling. I have told him I intend to appoint a solicitor to act on my behalf, but Ive been informed that a solicitor can only deal with all the executors and not just one of three.
    Does anyone have any advice - or has anyone else had a similar problem?
    Last edited by MalTom; 11-01-2018 at 7:47 PM. Reason: Additional text
Page 1
    • Savvy_Sue
    • By Savvy_Sue 12th Jan 18, 12:02 AM
    • 38,606 Posts
    • 35,325 Thanks
    Savvy_Sue
    • #2
    • 12th Jan 18, 12:02 AM
    • #2
    • 12th Jan 18, 12:02 AM
    I have told him I intend to appoint a solicitor to act on my behalf, but Ive been informed that a solicitor can only deal with all the executors and not just one of three.
    Does anyone have any advice - or has anyone else had a similar problem?
    Originally posted by MalTom
    Informed by your brother? I think there are limitations to that.

    Yes, if you want a solicitor to wind up the estate, it's likely they'd only agree to proceed on instructions from all three executors.

    But nothing to stop you consulting a solicitor about how to deal with your fellow executors.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • MalTom
    • By MalTom 12th Jan 18, 12:42 AM
    • 6 Posts
    • 0 Thanks
    MalTom
    • #3
    • 12th Jan 18, 12:42 AM
    • #3
    • 12th Jan 18, 12:42 AM
    Thank you for your reply. I am trying to get answers to the questions I have asked my Brother - self appointed chief executor - but the phone number he gave me as contact for the bank was a call centre who are now trying to locate the person by searching their internal records for the name I have been given. He is refusing to apply for probate until I agree to renovate the property before putting it on the market. Currently houses in the area are being sold within 2 weeks of going up for sale - it is a much sought after area with excellent schools and access to motorways etc.
    • Yorkshireman99
    • By Yorkshireman99 12th Jan 18, 3:54 AM
    • 4,241 Posts
    • 3,461 Thanks
    Yorkshireman99
    • #4
    • 12th Jan 18, 3:54 AM
    • #4
    • 12th Jan 18, 3:54 AM
    Thank you for your reply. I am trying to get answers to the questions I have asked my Brother - self appointed chief executor - but the phone number he gave me as contact for the bank was a call centre who are now trying to locate the person by searching their internal records for the name I have been given. He is refusing to apply for probate until I agree to renovate the property before putting it on the market. Currently houses in the area are being sold within 2 weeks of going up for sale - it is a much sought after area with excellent schools and access to motorways etc.
    Originally posted by MalTom
    If property is selling well then there is no loss in waiting. If the house is renovated and then sold the estate will be subject tomCGT on the gain from the value at the date of death. Probably the only way to resolve matters is to ask the court to remove him as executor.
    • MalTom
    • By MalTom 24th Jan 18, 3:01 PM
    • 6 Posts
    • 0 Thanks
    MalTom
    • #5
    • 24th Jan 18, 3:01 PM
    • #5
    • 24th Jan 18, 3:01 PM
    Finally applied for probate, but brother still refusing to have an estate agents valuation - once we receive the grant of probate - can I ask an estate agent to value the property without agreement of the other 2 executors?
    • Yorkshireman99
    • By Yorkshireman99 24th Jan 18, 4:26 PM
    • 4,241 Posts
    • 3,461 Thanks
    Yorkshireman99
    • #6
    • 24th Jan 18, 4:26 PM
    • #6
    • 24th Jan 18, 4:26 PM
    Finally applied for probate, but brother still refusing to have an estate agents valuation - once we receive the grant of probate - can I ask an estate agent to value the property without agreement of the other 2 executors?
    Originally posted by MalTom
    Is the estate liable toIHT? if so the executors should have got a paid for valuation by an RICS or similar, Estate agent's valuations are worthless. It is not the executor's job to renovate the property to incease thev alue. In will almost certainly incur CGT.
    Last edited by Yorkshireman99; 24-01-2018 at 4:47 PM.
    • Margot123
    • By Margot123 24th Jan 18, 4:47 PM
    • 834 Posts
    • 852 Thanks
    Margot123
    • #7
    • 24th Jan 18, 4:47 PM
    • #7
    • 24th Jan 18, 4:47 PM
    As YM99 says, there are specific steps that must be followed, otherwise HMRC will not be very happy.
    • troubleinparadise
    • By troubleinparadise 24th Jan 18, 8:29 PM
    • 1,018 Posts
    • 1,708 Thanks
    troubleinparadise
    • #8
    • 24th Jan 18, 8:29 PM
    • #8
    • 24th Jan 18, 8:29 PM
    How did your brother intend funding the renovations he wants?

    Was that via cash from the three of you?

    If relations are bad, entering into a joint venture sounds like a terrible idea.

    You are better off selling it, or being bought out of your RICS valued share, and moving on independently.
    • kangoora
    • By kangoora 24th Jan 18, 10:55 PM
    • 565 Posts
    • 384 Thanks
    kangoora
    • #9
    • 24th Jan 18, 10:55 PM
    • #9
    • 24th Jan 18, 10:55 PM
    Additionally, house renovations rarely add their full cost to the value of a house e.g putting in a 12k kitchen doesn't automatically mean you can ask 12k more for the property, it may only add 3k to 7k to the asking price.

    He could be naive, or, with my suspicious mind, getting a lot of renovations done and then offering to buy it himself at the market rate following all the renovations ........... but family wouldn't do that to each other, would they?
    • MalTom
    • By MalTom 25th Jan 18, 1:18 PM
    • 6 Posts
    • 0 Thanks
    MalTom
    Thank you all for your replies. At the solicitors we were able to give our estimate of the value of the property which we all agreed was approximately 180k so there would be no inheritance tax.
    The "chief Executor" (self appointed) originally expected the beneficiaries to contribute towards any work done on the property, but I declined, now he's expecting the rental money to cover the cost, so there are income tax responsibilities. I have spoken to the estate agent who is currently managing the rental has told me this week that they have a waiting list for houses in the area where the house is and other than the removal of an asbestos garage is advising that nothing needs to be done.
    He has agreed that the property will be sold but other executor and the instigator of all the family problems says she isn't ready, and he is still insisting on the RICS survey. I will be retiring in a couple of years time and really want this sorting out and any tax paid and monies invested before I start to draw my state pension.
    • Yorkshireman99
    • By Yorkshireman99 25th Jan 18, 3:38 PM
    • 4,241 Posts
    • 3,461 Thanks
    Yorkshireman99
    Thank you all for your replies. At the solicitors we were able to give our estimate of the value of the property which we all agreed was approximately 180k so there would be no inheritance tax.
    The "chief Executor" (self appointed) originally expected the beneficiaries to contribute towards any work done on the property, but I declined, now he's expecting the rental money to cover the cost, so there are income tax responsibilities. I have spoken to the estate agent who is currently managing the rental has told me this week that they have a waiting list for houses in the area where the house is and other than the removal of an asbestos garage is advising that nothing needs to be done.
    He has agreed that the property will be sold but other executor and the instigator of all the family problems says she isn't ready, and he is still insisting on the RICS survey. I will be retiring in a couple of years time and really want this sorting out and any tax paid and monies invested before I start to draw my state pension.
    Originally posted by MalTom
    You need to remember that when the property is sold if it fetches much more than the probate value. The one executor cannot rent it out without the consent of the others. Play him at his own game.
    • MalTom
    • By MalTom 15th Feb 18, 5:03 PM
    • 6 Posts
    • 0 Thanks
    MalTom
    Following the meeting at the solicitors - where even though my brother thinks he is an expert but didn't take any bank details or outstanding bills which were required - I am now waiting for him to send me the documents that I will have to swear on for the probate. He has sent them to the solicitor but I haven't seen them and don't think I should swear on something I haven't seen. The solicitor agrees and has implied that unless this is sorted she will not work for us.
    I am at a total loss as to what I can do to sort out this mess. My sister insists on having a meeting but as far as I am concerned that is out of the question as it will be confrontational as usual and I will end up giving in to whatever they say without any of my wishes taken into account.
    I am not in a good place in any case as not only did I lose my Mother-in-law 9 days before my Mum but my husband has lost 2 uncles whom we were both very fond of and we have lost 2 close friends. The 6th funeral is next Monday. I really need to get all this sorted so that I can move on - but HOW?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

756Posts Today

6,995Users online

Martin's Twitter
  • Good morning. I'm on the train to go to the Cheshire Show today to film for an @itvmlshow Roadshow. Looking forwa? https://t.co/T0uKOKyj4I

  • Early days, but so far a huge majority - 19 in 20 people - support legalising cannabis for medical use. Whereas t? https://t.co/a3gJipQITc

  • Today's twitter poll: Should cannabis be legalised, for medical (via prescription) use, and/or adult's recreational use?

  • Follow Martin